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This was posted by my friend @itscsesq elsewhere, and he gave me permission to share... (Dave is a lawyer who worked at the State Dept.):
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If you are confused about the dispute between AG Barr and US Attorney for the Southern District of NY Geoffrey Berman, here is an explainer:
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If you are confused about the dispute between AG Barr and US Attorney for the Southern District of NY Geoffrey Berman, here is an explainer:
Normally, a President (and, therefore, the AG) can remove a US Attorney at will. However, this case has peculiar circumstances. If you recall, at the start of the Trump Administration, names for nominees would be announced, but no nomination would show up in the Senate.
The delays were inordinate, and Trump would blame Senate Democrats, but, the truth was that his people were simply either taking inordinately long to send in the paperwork, or they simply were not doing it.
Well, shortly after Trump fired Preet Bharara in January 2017, the White House announced that his successor would be Geoffrey Berman. And then, nothing. No paperwork was sent to the Senate, so, although his appointment had been announced, he was never formally nominated.
By January 2018, the judges of Southern District had had enough of this. Acting under a provision of the law which permits them to name a US Attorney, they named Berman, the announced - but not yet nominated - nominee.
The law provides that a US Attorney so appointed has a term which ends when the Senate has confirmed a Presidential Nominee for the position.
At this point, the WH apparently decided “Action transferred is action taken” and took no further action on Berman.
At this point, the WH apparently decided “Action transferred is action taken” and took no further action on Berman.
As a result, the AG cannot remove Berman. If, after the judges had made the appointment, the WH had gone ahead with formally nominating him and the Senate had completed his confirmation, they could remove him.
Now, however, the only way to remove him is for the Senate to confirm a Presidential nominee for the post.
Once again, Trump’s incompetence overcomes Trump’s will.
